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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Claim of Losso v. Tesco Traffic Services

In February 1985, claimant's decedent suffered a work-related myocardial infarction. In 1986, he was diagnosed with leukemia and died in 1988, with acute monomyelocytic leukemia and cardiopulmonary arrest as stated causes of death. Claimant, the decedent's widow, filed for workers' compensation death benefits. The employer and its carrier controverted the claim, arguing death was solely due to leukemia. The Workers’ Compensation Board ruled that the compensable myocardial infarction was a contributing factor to his death. The appellate court affirmed the Board's decision, finding substantial evidence to support a causal relationship based on the cardiologist's testimony that the heart condition limited cancer treatment and hastened death.

Workers' CompensationDeath BenefitsMyocardial InfarctionLeukemiaCausal RelationshipMedical TestimonyAppellate ReviewContributory FactorCardiovascular SystemCancer Treatment Limitations
References
1
Case No. ADJ8804613
Regular
Jun 03, 2016

KIM LARSEN vs. UKIAH UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied the defendant school district's petition for reconsideration of an award for acute myeloid leukemia. The Board found the applicant's exposure to diesel exhaust while employed by the school district was an injurious exposure contributing to the cancer. The Board ruled that the agreed medical evaluator's reports were admissible and constituted substantial medical evidence of the link between diesel exhaust and leukemia. Therefore, the school district was held liable as the last employer where the applicant was exposed to the hazard.

acute myeloid leukemiadiesel exhaust exposurecumulative traumalast injurious exposureagreed medical evaluatorlabor code section 5500.5reasonably probable causationsubstantial medical evidencebenzene exposurefirefighter
References
7
Case No. ADJ6955681
Regular
Jul 22, 2014

PAUL WEAVER vs. CITY OF STOCKTON, Permissibly Self-Insured, Administered by CORVEL

In this Workers' Compensation Appeals Board case, the applicant, a former firefighter, sought benefits for leukemia, claiming it was industrially caused. The defendant argued the applicant was not entitled to the presumption under Labor Code section 3212.1 due to the timing of the cancer's manifestation and the statute's amendment. The Board affirmed the original award, finding that one medical evaluator's opinion provided substantial evidence that the applicant's leukemia manifested within the original 60-month window following his service termination. Therefore, the Board did not need to decide the retroactivity of the later 120-month amendment.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryCumulative TraumaLeukemiaPermanent Partial DisabilityPresumptionLabor Code Section 3212.1Firefighter
References
4
Case No. MISSING
Regular Panel Decision

McCann Steel Co. v. Carney

The Supreme Court of Tennessee reviewed a worker's compensation case filed by the widow of Turner Albert Carney against McCann Steel Company. Carney's death on December 2, 1947, was attributed to blood poisoning that developed from a work-related hand injury, despite a pre-existing condition of leukemia. The trial court initially allowed a nonsuit but later ruled in favor of the petitioner, awarding compensation. The defendant appealed, arguing against the nonsuit and lack of evidence for a work-related death. The Supreme Court affirmed the trial court's judgment, holding that the injury was the proximate cause of death, accelerating it despite the leukemia, and supported the trial judge's discretion in allowing the nonsuit.

Worker's CompensationAccidental InjuryBlood PoisoningSepticemiaLeukemiaCausal ConnectionProximate CausePre-existing ConditionNonsuitEmployer Liability
References
2
Case No. MISSING
Regular Panel Decision
Feb 09, 1996

Hallahan v. Ashland Chemical Co.

Plaintiff William Hallaban, diagnosed with granulocytic leukemia, commenced a products liability action, alleging workplace chemical exposure as the cause. During discovery, defendants sought to depose plaintiffs' expert witnesses, physician Stewart Silvers and chemist Harold Zeliger, citing "special circumstances" due to the alleged novelty of their causation theories and a change in Silvers' diagnosis from acute to chronic granulocytic leukemia. The Supreme Court denied the defendants' motion, finding no special circumstances. The Appellate Division affirmed this decision, stating that the defendants' claims of "novel, unorthodox and unsupported" expert opinions did not constitute special circumstances for an oral examination of the experts before trial, especially as defendants had access to Silvers' medical records.

Products LiabilityExpert Witness DiscoverySpecial CircumstancesGranulocytic LeukemiaChemical ExposureMedical DiagnosisCPLR DiscoveryAppellate ReviewCausation TheoriesFrye Hearing Standard
References
6
Case No. MISSING
Regular Panel Decision

City of San Antonio v. Pollock

Justice Medina, joined by Justice O’Neill, dissents from the majority's decision. The dissent argues that the City of San Antonio waived its right to complain about analytical gaps in expert testimony regarding benzene exposure and leukemia causation because it failed to object in the trial court. It distinguishes between unreliable and conclusory expert testimony, asserting that the experts in this case provided more than bare conclusions, thus requiring a timely objection. The dissent agrees with the majority that there is no evidence to support the Pollocks' takings claim against the City. However, it disagrees with the majority's conclusion that there is no evidence the City's negligence caused Sarah Pollock's leukemia, asserting that the Tort Claims Act applies and would waive the City's governmental immunity, allowing for personal injury damages subject to a $250,000 cap.

Expert Testimony ReliabilityAnalytical GapsPreservation of ErrorAdmissibility of Expert EvidenceToxic Tort LitigationBenzene ExposureChildhood LeukemiaCausation in TortsGovernmental ImmunityTexas Tort Claims Act
References
43
Case No. ADJ8063847, ADJ6671846
Regular
Aug 11, 2017

JUAN IBARRA vs. ABM JANITORIAL SERVICES, ESIS

The defendant, ABM Janitorial Services, sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision finding cumulative trauma injury resulting in chronic myelogenous leukemia. While the petition was pending, the parties reached a proposed settlement agreement. Consequently, the WCAB granted the petition for reconsideration, rescinded the original decision, and returned the case to the trial level. The WCJ will now consider the proposed settlement, and if not approved, the original decision may be reinstated.

Petition for ReconsiderationJoint Findings and AwardCumulative Trauma InjuryChronic Myelogenous LeukemiaCompromise and ReleaseWorkers' Compensation Appeals BoardAdministrative Law JudgeWCJRescindedReturned to Trial Level
References
0
Case No. ADJ10685699
Regular
Jan 22, 2019

DAVID CISAR vs. ORANGE COUNTY FIRE AUTHORITY

This case involved a fire captain who claimed industrial injury for melanoma and lymphoma, with the latter being the focus of the appeal. While the applicant was presumed compensable for leukemia/lymphoma under Labor Code section 3212.1 due to benzene exposure, the defendant successfully rebutted this presumption. The rebuttal was based on an independent medical evaluator's opinion that the short period between negative diagnostic tests and the cancer's manifestation made an industrial link unreasonable. The Board adopted this reasoning, denying the petition for reconsideration.

Workers' Compensation Appeals BoardOrange County Fire AuthorityPermissibly Self-InsuredCorvel CorporationFire CaptainCumulative InjuryMelanomaLymphomaChronic Lymphocytic LeukemiaSmall Lymphocytic Lymphoma
References
2
Case No. ADJ3613146 (VNO 0532199)
Regular
May 28, 2019

MIGUEL VALDIVIA (Deceased), MARIA VALDIVIA (Widow) vs. CONDOR PACIFIC INDUSTRIES, SAFECO INSURANCE, LIBERTY MUTUAL INSURANCE

This case involves a widow's petition for reconsideration of a workers' compensation judge's decision denying her deceased husband's claim for industrial injury leading to leukemia and myelodysplasia. The judge initially found no industrial injury and also lacked jurisdiction due to an unfiled dependency claim. However, the judge now recommends further review, particularly regarding a qualified medical evaluator's opinion. The Appeals Board granted reconsideration, upholding the jurisdictional finding but deferring all other issues for further development of the medical record and reanalysis at the trial level.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderIndustrial InjuryLeukemiaMyelodysplasiaDependency ClaimJurisdictionDeath BenefitsQualified Medical Evaluator
References
0
Case No. 04-1118
Regular Panel Decision
May 01, 2009

City of San Antonio v. Charles Pollock and Tracy Pollock, Individually and as Next Friends of Sarah Jane Pollock, a Minor Child

Justice Medina dissents from the majority opinion concerning a personal injury claim against the City of San Antonio. The Pollocks alleged their daughter Sarah's leukemia was caused by benzene exposure from the City's landfill. The core of the dissent is the disagreement over whether the City needed to object to the analytical gaps in the expert testimonies to preserve error, with Justice Medina arguing such complaints pertain to reliability and require timely objections. He agrees with the Court that there is no evidence for a takings claim, but disagrees with the Court's stance on the negligence claim and the applicability of the Tort Claims Act.

Expert Testimony AdmissibilityReliability of EvidenceConclusory Expert OpinionsCausation in Toxic Tort CasesBenzene ContaminationChildhood LeukemiaLandfill LiabilityGovernmental Immunity WaiverTexas Tort Claims ActAppellate Procedure
References
44
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